Criminal Procedure Code, 1973, Section 125 - Application seeking maintenance from opposite party - Husband was having a living spouse at the time of marriage with petitioner - Wife pleaded to have not aware of such marriage - Not tenable - Principle of estoppel cannot be pressed into service to defeat provisions of Section 125 of the Code - Decree of divorce not produced on record - Neither any application for dissolution of the marriage proved to have moved - Marriage between revisionist and the opposite party void ab initio - No maintainence entitled.

[Paras 21 to 24 and 26 to 29]

JUDGMENT :

Arvind Kumar Tripathi (II), J.

Heard learned Counsel for the revisionist and Shri R.P. Mishra, learned Counsel for the opposite party.

2. Instant Criminal Revision has been filed by Smt. Kiran Dhar challenging the order dated 6.10.2007 passed by the Principal Judge, Family Court, Lucknow by which application under section 125 Cr.P.C. filed by Smt. Kiran Dhar was rejected.

3. A perusal of record reveals that an application under section 125 Cr.P.C. was filed by Smt. Kiran Dhar before the Court of Principal Judge, Family Court, Lucknow alleging that she is legally wedded wife of Alck Berman. Marriage

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